Stipulation for Extension of Time for Preliminary Hearing and Exclusion of Time (E.D. Cal., Dkt. 15)

Summary

Stipulation for extension of time for a preliminary hearing and exclusion of time, with proposed findings and order, filed January 5, 2021 as Document 15 in a Case 2:21-cr-00058-KJM filing in the U.S. District Court for the Eastern District of California. The parties, including defendant Andrea M. Gervais through her counsel, jointly move to continue the preliminary hearing from January 6, 2021 to February 25, 2021, saying the defense needs time to prepare and the government is still producing discovery. They ask that time between those dates be excluded under 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4. The proposed findings and order, dated January 4, 2021, extend the hearing date and exclude the time.

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“Stipulation for Extension of Time for Preliminary Hearing and Exclusion of Time (E.D. Cal., Dkt. 15).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-cal-no-2-21-cr-00058-dkt-15-e-d-cal-c8b21f3d0a/, SHA-256 8efb490060e46e69b033c149fdb329f26bac63b5902e9f9260a509f5bf70e138.

Full text

Case 2:21-cr-00058-KJM Document 15 Filed 01/05/21 Page 1 of 4

1 McGREGOR W. SCOTT
United States Attorney
2 ROBERT J. ARTUZ
Special Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2700
Facsimile: (916) 554-2900
5

6 Attorneys for Plaintiff
United States of America
7

8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10

11 UNITED STATES OF AMERICA, CASE NO. 2:20-MJ-00189-AC
12 Plaintiff, STIPULATION FOR EXTENSION OF TIME FOR
PRELIMINARY HEARING PURSUANT TO RULE
13 v. 5.1(D) AND EXCLUSION OF TIME AND
[PROPOSED] FINDINGS AND ORDER
14 ANDREA M. GERVAIS,
aka ANDREA M. DANGERFIELD DATE: January 6, 2021
15 TIME: 2:00 p.m.
Defendant. COURT: Hon. Jeremy D. Peterson
16

18 Plaintiff United States of America, by and through its attorney of record, Special Assistant U.S.

19 Attorney ROBERT J. ARTUZ, and Defendant ANDREA M. GERVAIS, both individually and by and

20 through her counsel of record, CHRIS COSCA, hereby stipulate as follows:

21 1. The Complaint in this case was filed on December 11, 2020, and Defendant Andrea M.

22 Gervais first appeared before a judicial officer of the Court in which the charges in this case were

23 pending on December 16, 2020. The Court set a preliminary hearing date of January 6, 2021.

24 2. By this stipulation, the parties jointly move to continue the preliminary hearing date to

25 February 25, 2021 at 2:00 p.m., before the duty Magistrate Judge, pursuant to Rule 5.1(d) of the Federal

26 Rules of Criminal Procedure. The parties stipulate that the delay is required to allow the defense

27 reasonable time for preparation, and for the government’s collection and production of discovery and

28 continuing investigation of the case. For example, the government is continuing to provide discovery

STIPULATION 1
Case 2:21-cr-00058-KJM Document 15 Filed 01/05/21 Page 2 of 4

1 relevant to this case. Defense counsel needs additional time to review and consider all the evidence and

2 to conduct further investigation. The parties further agree that the interests of justice served by granting

3 this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §

4 3161(h)(7)(A).

5 3. The parties agree that good cause exists for the extension of time, and that the extension

6 of time would not adversely affect the public interest in the prompt disposition of criminal cases.

7 Therefore, the parties request that the time between January 6, 2021, and February 25, 2021, be

8 excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4.

9 IT IS SO STIPULATED.

10
Dated: January 4, 2021 MCGREGOR W. SCOTT
11 United States Attorney
12
/s/ ROBERT J. ARTUZ
13 ROBERT J. ARTUZ
Special Assistant U.S. Attorney
14

15
Dated: January 4, 2021 /s/ CHRIS COSCA
16 CHRIS COSCA
17 Counsel for Defendant
ANDREA M. GERVAIS
18

STIPULATION 2
Case 2:21-cr-00058-KJM Document 15 Filed 01/05/21 Page 3 of 4

1 MCGREGOR W. SCOTT
United States Attorney
2 ROBERT J. ARTUZ
Special Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916) 554-2700
Facsimile: (916) 554-2900
5

6 Attorneys for Plaintiff
United States of America
7

8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10

11 UNITED STATES OF AMERICA, CASE NO. 2:20-MJ-00189-AC
12 Plaintiff, [PROPOSED] FINDINGS AND ORDER
EXTENDING TIME FOR PRELIMINARY
13 v. HEARING PURSUANT TO RULE 5.1(d) AND
EXCLUDING TIME
14 ANDREA M. GERVAIS,
aka ANDREA M. DANGERFIELD, DATE: January 6, 2021
15 TIME: 2:00 p.m.
COURT: Hon. Jeremy D. Peterson
16 Defendant.
17

18 The Court has read and considered the Stipulation for Extension of Time for Preliminary Hearing
19 Pursuant to Rule 5.1(d) and Exclusion of Time, filed by the parties in this matter on January 4, 2021.

20 The Court hereby finds that the Stipulation, which this Court incorporates by reference into this Order,

21 demonstrates good cause for an extension of time for the preliminary hearing date pursuant to Rule

22 5.1(d) of the Federal Rules of Criminal Procedure.

23 Furthermore, for the reasons set forth in the parties’ stipulation, the Court finds that the interests
24 of justice served by granting this continuance outweigh the best interests of the public and the defendant

25 in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). The Court further finds that the extension of time would

26 not adversely affect the public interest in the prompt disposition of criminal cases.

27 THEREFORE, FOR GOOD CAUSE SHOWN:
28 1. The date of the preliminary hearing is extended to February 25, 2021, at 2:00 p.m.

[PROPOSED] FINDINGS AND ORDER 1
Case 2:21-cr-00058-KJM Document 15 Filed 01/05/21 Page 4 of 4

1 2. The time between January 6, 2021, and February 25, 2021, shall be excluded from

2 calculation pursuant to 18 U.S.C. § 3161(h)(7)(A).

3 3. Defendants shall appear at that date and time before the Magistrate Judge on duty.

5 IT IS SO ORDERED.

6
Dated: January 4, 2021
7 THE HONORABLE JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
8

[PROPOSED] FINDINGS AND ORDER 2

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